Kline seeks to remove prosecutor

? Atty. Gen. Phill Kline filed criminal charges and a lawsuit Wednesday seeking to remove Pratt County’s chief prosecutor from office over allegations of misusing public funds.

County Atty. Thomas V. Black faces six felony charges in Pratt County District Court. In addition to the ouster lawsuit, Kline wants Black suspended from office while the criminal and ouster cases are heard.

Jack Focht, a Wichita attorney representing Black, said his client may step aside temporarily while the cases were heard because, “It makes it very difficult to carry on his duties as county attorney.”

However, Focht also said, “As to the criminal matter, we don’t think he’s guilty of anything.”

Both Kline’s criminal complaint and his ouster petition say six times between May 22 and Sept. 10 Black used money orders to Pratt County “in a manner not authorized by law.”

The complaint and the ouster petition were not more specific. Kline’s office filed an affidavit containing more details, but such documents are sealed under Kansas law unless a judge makes them public.

State law presumes a first-time offender convicted of misuse of public funds will be put on probation, rather than sent to prison. However, with multiple convictions, a person could be sentenced to between seven and 23 months in prison on each count and fined $100,000.

Black’s first appearance on the criminal charges and a hearing on Kline’s request for a suspension are scheduled for Nov. 13. Presiding will be Senior Judge Michael Barbara, of Wichita.

The ouster lawsuit filed Wednesday was the second Kline’s office has filed against a county official in as many months. In September, Kline filed suit against then-Brown County Treasurer Deborah Roland, accusing her of submitting false expense vouchers. She resigned and, in a separate criminal case, was sentenced to probation on one count of official misconduct.